Jay Chou sues NetEase for unfair competition, second instance upholds original verdict, rejects all claims for compensation of 2.05 million yuan, etc
上司池
发表于 2024-8-29 17:34:38
1176
0
0
Recently, the final verdict of the lawsuit between Jay Chou, JVR Music Co., Ltd., Guangzhou NetEase Computer System Co., Ltd. and other related parties was announced. According to sources related to "Tianxia 3", the second instance court upheld the original verdict, ruled against Jewell, and dismissed all claims for compensation of 2.05 million yuan. The court found that the hot search topics, entries, and promotional reports related to Jay Chou's new album are extremely common, and the behavior of "Tianxia 3" Weibo self funded forwarding lottery and other feedback to players has no profit-making nature, does not violate the principles of integrity and business ethics, and is difficult to make the public associate Jay Chou with the game through endorsement, authorization, etc. Therefore, the accused behavior of "Tianxia 3" does not constitute unfair competition.
According to data, in July 2022, Jay Chou's new album "The Greatest Work" sparked nationwide attention, and many games such as "Tianxia 3" launched Weibo reposts and lucky draws, giving away the new album at their own expense as a reward to players. Subsequently, Jewell claimed that the unauthorized lottery of "World 3" was not authorized by the official authorities and that legal measures would be taken. Tianxia 3 immediately deleted the related activities and clarified that the behavior had nothing to do with Jay Chou and Jay Chou.
(JVR and "Tianxia 3" release statement)
On April 17, 2023, JVR sued the relevant companies of "Tianxia 3" for unfair competition and demanded a total compensation of 2.05 million yuan. At the beginning of 2024, the first instance court ruled against Jay Chou and Jay Chou and dismissed all claims. During this period, some netizens questioned whether the Apple phone lottery also requires Apple's consent?
Regarding the final verdict of this case, Lawyer Jia Changwei, a partner at Beijing Jincheng Tongda (Shenzhen) Law Firm, believes that celebrities enjoy the same legal rights as ordinary citizens, but it is very common and unavoidable for celebrities to become public topics, and they should bear a certain degree of tolerance obligation and allow others to initiate or participate in related topics normally.
All claims, including a 2.05 million yuan claim, have been rejected
The second instance court held that when Jay Chou released his new album, the hot search topics, entries, and promotional reports related to it were extremely common, and the activity of forwarding, drawing prizes, and giving away albums was also quite common. The self funded lottery and flash sale activities of "Tianxia 3" have a welfare nature and are non-profit activities. The related behaviors do not violate the principles of integrity and business ethics, and do not constitute unfair competition.
In addition, "Tianxia 3" has previously publicly clarified that there is no cooperation relationship between Jay Chou and JVR, and consumers will not associate Jay Chou with endorsement, authorization, or other relationships with the game. The second instance court ultimately ruled in favor of "Tianxia 3" and rejected all litigation requests, including the 2.05 million yuan claim from the Jewell side.
Lawyer: Celebrities should have a certain degree of tolerance obligation
The second instance result is not surprising, "said Gao Jiyuan, Secretary General of the Intellectual Property Department and Professional Committee of Guangdong Zhuojian Law Firm, and a member of the Legal Committee of the Shenzhen Electronic Sports Industry Association." The Anti Unfair Competition Law is not a panacea and should become a lubricant for the commercial society and an adhesive for various departments of intellectual property laws. It should be used with caution.
According to Lawyer Jia Changwei, a partner at Beijing Jincheng Tongda (Shenzhen) Law Firm, as public figures, especially well-known celebrities, it is very common and unavoidable for them to become public topics. Therefore, they should bear a certain degree of tolerance obligation. The law does not explicitly prohibit the use or attachment of celebrity topics in normal commercial activities. As public figures, celebrities should allow others to initiate or participate in celebrity topics in a normal manner
Jia Changwei further pointed out that in cases involving celebrity related rights, the judiciary should respect industrial laws and meet the needs of social development. On the one hand, the court should support the rights holders to safeguard their legitimate rights and interests in accordance with the law, including the protection of reputation, privacy, and portrait rights, to ensure that celebrities can enjoy the same legal rights as ordinary citizens. On the other hand, the court should also prevent related lawsuits from being abused into 'commercial rights protection' and consuming judicial resources. In the case where the market can self regulate and resolve competition conflicts, the law should exercise restraint, avoid excessive intervention, prioritize the resolution of competition conflicts to market mechanisms, and avoid the improper expansion of the scope of unfair competition behavior recognition due to the abuse of general terms
CandyLake.com 系信息发布平台,仅提供信息存储空间服务。
声明:该文观点仅代表作者本人,本文不代表CandyLake.com立场,且不构成建议,请谨慎对待。
声明:该文观点仅代表作者本人,本文不代表CandyLake.com立场,且不构成建议,请谨慎对待。
猜你喜欢
- Huya releases Q2 2024 financial report: Non GAAP net profit reaches 97 million yuan, mobile MAU increases to 83.5 million yuan
- JD Auto launches a 10 million yuan incentive plan
- Expected monthly sales exceeding 10000 vehicles? Xiaopeng's new car hits a price of 100000 yuan, bringing He Xiaopeng: The decline and acceleration of gasoline cars next year
- Using improper means to absorb deposits and issue loans, the Shenzhen branch of Youli Bank was fined 1.3 million yuan
- Huicheng Technology: Loss of 69.3855 million yuan in the first half of 2024
- Quick news | Starting price of 239900 yuan, Jike 7X releases first week orders exceeding 20000 units
- The first model of NIO's new brand Ledao, L60, has been launched with a price as low as 149900 yuan
- Dozens of AI tools, big promotion of learning and training JD strives to increase the number of small and micro businesses with daily sales exceeding 10000 yuan by more than twice year-on-year on November 11th
- Douyu: Q2 total revenue of 1.032 billion yuan, adjusted net loss of 45.5 million yuan
- Xiaopeng Motors established an automobile sales company in Nanchang with a registered capital of 10 million yuan
-
9月が終わり、映画・テレビ業界が暗躍している。最近、愛奇芸の創始者でCEOのGONG宇氏は、映画・テレビ業界が長短の変化、AIの変化、中国映画・テレビドラマの海外進出の変化の3つの変化を経験していると発表した。 ...
- 寒郁轩良
- 6 小时前
- 支持
- 反对
- 回复
- 收藏
-
8月のトヨタ自動車(ダイハツ自動車と日野自動車を除く、レクサスを含む)の世界生産台数は前年同月比11.2%減の709571台、世界販売台数は前年同月比3.1%減の826863台だった。 日本本土市場では、トヨタ自動車の8月 ...
- SOGO
- 前天 18:03
- 支持
- 反对
- 回复
- 收藏
-
ネットワーク状況監視サイトDownDetectorによると、オーディオストリーミングプラットフォームSpotifyは日曜日に約3時間にわたる障害を経験した後、正常に回復し、ピーク時には米国の4万人以上のユーザーに影響を与 ...
- hecgdge4
- 10 小时前
- 支持
- 反对
- 回复
- 收藏
-
百済神州(688235.SH)はA株の有名な革新薬企業で、2017-2024年上半期、同社の各期の研究開発投資はA株の化学製薬会社(申万二級)の中で最も高く、研究開発費用は合計600億元を超えた。 しかし、百済神州にとって ...
- wylz8473
- 昨天 18:36
- 支持
- 反对
- 回复
- 收藏